Part 6

[Sidenote: Duke Henrie raiseth his siege from Notingham. _Polydor._] When duke Henrie had assaied all the waies how to take it, and saw that he could not preuaile, he minded to loose no more time: but raising his siege from thence, he ranged abroad to get other places into his possession, and finallie came to his mother, and laie at Wallingford. K. Stephan in the meane time being strong in the field, sought time and place to haue Henrie at some aduantage, who in his yoong yeares (as yet not hauing tasted any misfortune) he thought would rashlie attempt some vnaduised enterprise. [Sidenote: The miserie of this land in time of the ciuill warre.] ¶ But whereas the realme of England had béene now manie yeares miserablie turmoiled with ciuill warre (which the verie heathen haue so detested, that they haue exclaimed against it with a kind of irksomnesse; as: [Sidenote: _Hor. lib. car. 1. ode. 35._] Eheu cicatricum & sceleris pudet, Fratrúmque: quid nos dura refugimus Aetas? quid intactum nefasti Linquimus? vnde manus iuuentus [Sidenote: _Idem. lib. car. 2. ode. 1._] Metu deorum continuit? quibus Pepercit aris? iam litui strepunt, Iam fulgor armorum fugaces Terret equos equitúmque vultus) Wherein (besides millians of extremities) honest matrones and mens wiues were violated, maids and virgins rauished, churches spoiled, townes and villages robbed, whole flocks and heards of shéepe and beasts destroied (wherein the substance of the realme cheeflie consisted) and men without number slaine and murthered, it pleased the goodnesse of almightie God at length to deliuer the land of these miseries, which were notified to all countries round about that sore lamented the same.

Now whereas king Stephan was the cause of all the troubles, in hauing vsurped an other mans rightfull inheritance, it pleased God to mooue his hart at length to desire peace which he had euer before abhorred. The cause that mooued him chéefelie to change his former purpose, was for that his sonne Eustace by speedie death was taken out of this world (as before ye haue heard) which losse séemed great not onelie to the father, but also to all those lords and others which had alwaies taken his part, bicause he was a yoong man so well liked of all men, that he was iudged to be borne to much honour. [Sidenote: The ladie Constance wife to Eustace sent home.] But his wife Constance tooke his death verie sorowfullie, and the more indeed for that she had no issue by him, wherevpon shortlie after she was sent honourablie home to hir father king Lewes with hir dower, and other rich and princelie gifts.

King Stephan séeing himselfe thus depriued of his onelie sonne, vnto whome he minded to leaue the kingdome which he so earnestlie sought to confirme and assure vnto him by warlike endeuor, and that againe the French kings aid would not be so readie as heretofore it had béene (wherevpon he much staied, now that the bonds of affinitie were abolished) he began at length (though not immediatlie vpon his sonnes deceasse) to withdraw his mind from war, [Sidenote: K. Stephan began to incline his mind to peace. _Matth. Paris._] and bequeathed it wholie to peace. Which alteration being perceiued, those Nobles that were glad to sée the state of their countrie quieted, did their best to further it; & chéeflie Theobald archbishop of Canturburie trauelled earnestlie to bring the princes to some agréement, now talking with the king, now sending to the duke, [Sidenote: _Ger. Dor._] and vsing all meanes possible to set them at vnitie. The bishop of Winchester also, who had caused all the trouble, vpon consideration of the great calamities wherewith the land was most miserablie afflicted, began to wish an end thereof. Wherevpon the lords spirituall and temporall were called togither at Winchester about the latter end of Nouember, that they with their consents also might confirme whatsoeuer the king and the duke should conclude vpon.

[Sidenote: An assemblie of lords at Winchester. A peace concluded betwixt the king and the duke.] Thus was a publike assemblie made in the citie of Winchester, whither also duke Henrie came who being ioifullie receiued of the king in the bishops palace, they were made fréends, the king admitting the duke for his sonne, and the duke the king for his father, insomuch that the agreement, which (through the carefull sute of the archbishop of Canturburie) had beene laboured with such diligence to good effect, was now confirmed: the cheefe articles whereof were these.

[Sidenote: Some writers haue recorded that duke Henrie should presentlie by this agréement enioy halfe the realme of England.] 1 That king Stephan, during his naturall life, should remaine king of England, and Henrie the empresses sonne should enioy the dukedome of Normandie, and be proclaimed heire apparant to succéed in and haue the regiment of England, after the deceasse of Stephan.

2 That such noble men, and other, which had held either with the one partie or the other, during the time of the ciuill warres, should be in no danger for the same but enioy their lands, possessions and liuings, according to their ancient rights and titles.

3 That the king should resume and take into his hands againe, all such portions and parcels of inheritance belonging to the crowne, as he had giuen away, or were otherwise vsurped by any maner of person, and that all those possessions which by any intrusion had béene violentlie taken from the right owners, since the daies of king Henrie, should be restored to them that were rightlie possessed in the same by the daies of the said king.

[Sidenote: _Matth. Paris._ Castels to be razed in number. 1115.] 4 That all those castels, which contrarie to all reason and good order had béene made and builded by any maner of person in the daies of king Stephan, should be ouerthrowne and cast downe, which were found to be eleuen hundred and fifteene.

5 That the king should reforme all such disorders as warre had brought in; to restore farmers to their holdings, to repaire decaied buildings, to restore pastures and leassues with cattell, hils with sheepe, &c.

6 That by his meanes the cleargie might enioy their due quietnesse, and not be oppressed with any vniust exactions.

7 That he should place shirifes where they had béene accustomed to beare rule, with instructions giuen them to deale vprightlie in causes, so as offenders might not escape through bribes, or any other respect of freendship; but that euerie man might receiue according to right and equitie.

8 That soldiours should conuert their swords (as Esaie saith) into culters & plough shares, their speares into mattocks, and so returne from the campe to the plough: and that such as were woont to keepe watch in the night season, might now sléepe and take their rest without any danger.

9 That the husbandman might be set frée from all trouble and vexation, by meanes wherof he might follow his tilth, and plie his culture.

10 That merchant men and occupiers might enioy their trades and occupations to their aduancement.

11 That one kind and manner of siluer coine should run through the land, &c.

12 There was also consideration had of a sonne which king Stephan had, named William, who though he were verie yoong, was yet appointed to sweare fealtie vnto duke Henrie as lawfull heire to the crowne. The same William had the citie of Norwhich, and diuerse other lands assigned him for the maintenance of his estate, and that by the consent and agréement of duke Henrie his adopted brother.

These things being thus concluded at Winchester, and the warre that had continued, for the space of 17 yeares now ended and fullie pacified: the king tooke the duke with him to London, dooing to him all the honour he could deuise. The newes whereof being spred abrode, euerie good man reioised thereat. Thus through the great mercie of God, peace was restored vnto the decaied state of this relme of England. Which things being thus accomplished with great ioy and tokens of loue, king Stephan and his new adopted sonne duke Henrie tooke leaue either of other, appointing shortlie after to méet againe at Oxenford, there to perfect euerie article of their agréement, which was thus accorded a little before Christmas.

¶ But by the way, for the better vnderstanding of the said agreement, I haue thought good to set downe the verie tenor of the charter made by king Stephan, as I haue copied it out, and translated it into English out of an autentike booke conteining the old lawes of the Saxon and Danish kings, in the end whereof the same charter is exemplified, which booke is remaining with the right worshipfull William Fléetwood esquire, now recorder of London, and sargeant at law.

The charter of king Stephan, of the pacification of the troubles betwixt him and Henrie duke of Normandie.

Stephan king of England, to all archbishops, bishops, abbats, earles, iusticers, sherifes, barons and all his faithfull subiects of England sendeth greeting. Know yee that I king Stephan, haue ordeined Henrie duke of Normandie after me by right of inheritance to be my successour, and heire of the kingdome of England, and so haue I giuen and granted to him and his heires the kingdome of England. For the which honour, gift, and confirmation to him by me made, he hath doone homage to me, and with a corporall oth hath assured me, that he shall be faithfull and loiall to me, and shall to his power preserue my life and honour: and I on the other side shall maineteine and preserue him as my sonne and heire in all things to my power, and so far as by any waies or meanes I may.

[Sidenote: William sonne to king Stephan.] And William my sonne hath doone his lawfull homage, and assured his fealtie vnto the said duke of Normandie, and the duke hath granted to him to hold of him all those tenements and holdings which I held before I atteined to the possession of the realme of England, wheresoeuer the same be in England, Normandie, or elsewhere, [Sidenote: Earle Warren.] and whatsoeuer he receiued with the daughter of earle Warren, either in England or Normandie, & likewise whatsoeuer apperteineth to those honoures. And the duke shall put my sonne William and his men that are of that honour in full possession and seizine of all the lands, boroughs and rents, which the duke thereof now hath in his demaine, and namelie of those that belong to the honour of the earle Warren, [Sidenote: The castels of Bellencumber and Mortimer.] and namelie of the castels of Bellencumber and Mortimer, so that Reginald de Warren shall haue the kéeping of the same castels of Bellencumber, and of Mortimer, if he will; and therevpon shall giue pledges to the duke: and if he will not haue the keeping of those castels, then other liege of men of the said erle Warren, whom it shall please the duke to appoint, shall be sure pledges and good suertie keepe the said castels.

Moreouer, the duke shall deliuer vnto him according to my will and pleasure the other castels, [Sidenote: The erledome of Mortaigne.] which belong vnto the earledome of Mortaigne by safe custodie and pledges, so soone as he conuenientlie may, so as all the pledges are to be restored vnto my sonne free, so soone as the duke shall haue the realme of England in possession. The augmentation also which I haue giuen vnto my sonne William, he hath likewise granted the same to him; [Sidenote: Norwich. ] to wit, the castell and towne of Norwich, with seauen hundred pounds in lands, so as the rents of Norwich be accounted as parcell of the same seauen hundred pounds in lands, and all the countie of Norfolke; the profits and rents which belong to churches, bishops, abbats & earles excepted; [Sidenote: Hugh Bigot] and the third pennie whereof Hugh Bigot is earle, also excepted: sauing also and reseruing the kings roiall iurisdiction for administration of iustice. Also the more to strengthen my fauour and loue to himwards, [Sidenote: Richer de Egle.] the duke hath giuen and granted vnto my said sonne whatsoeuer Richer de Aquila hath of the honour of Peuensey. And moreouer the castell and towne of Peuensey, and the seruice of Faremouth, beside the castell and towne of Douer, and whatsoeuer apperteineth to the honour of Douer.

[Sidenote: The church of Feuersham.] The duke hath also confirmed the church of Feuersham with the appurtenances; and all other things giuen or restored by me vnto other churches, he shall confirme by the counsell and aduice of holie church and of me. The earles and barons that belong to the duke, which were neuer my leeges, for the honour which I haue done to their master, they haue now doone homage and sworne fealtie to me, the couenants betwixt me & the said duke alwaies saued. The other which had before doone homage to me, haue sworne fealtie to me as to their souereigne lord. And if the duke should breake and go from the premisses, then are they altogither to ceasse from dooing him any seruice, till he reforme his misdooings. And my sonne also is to constreine him thereto, according to the aduice of holie church, if the duke shall chance to go from the couenants afore mentioned. My earles and barons also haue doone their leege and homage vnto the duke, sauing their faith to me so long as I liue, and shall hold the kingdome with like condition, that if I doo breake and go from the premitted couenants, that then they may ceasse from dooing me any seruice, till the time I haue reformed that which I haue doone amisse.

The citizens also of cities, and those persons that dwell in castels, which I haue in my demaine, by my commandement haue doone homage, and made assurance to the duke, sauing the fealtie which they owe to me during my life time, and so long as I shall hold the kingdome. [Sidenote: Wallingford castell.] They which keep the castle of Wallingford haue doone their homage to me, and haue giuen to me pledges for the observing of their fealtie. And I haue made vnto the duke such assurance of the castels and strengths which I hold by the counsell and aduice of holie church, that when I shall depart this life, the duke thereby may not run into any losse or impeachment, whereby to be debarred from the kingdome. [Sidenote: The tower of London. Mota de Windsor.] The tower of London, and the fortresse of Windsor, by the counsell and aduice of holie church are deliuered vnto the lord Richard de Lucie, [Sidenote: Richard de Lucie.] safelie to be kept, which Richard hath taken an oth, and hath deliuered his sonne in pledge to remaine in the hands and custodie of the archbishop of Canturburie, that after my decease he shall deliuer the same castels vnto the duke. Likewise by the counsell and aduise of holie church, [Sidenote: Mota de Oxford.] Roger de Bussey keepeth the castell of Oxford, and Jordaine de Bussey the castell of Lincolne, which Roger & Jordaine haue sworne, and thereof haue deliuered pledges into the hands of the archbishop, that if I shall chance to leaue this life, they shal render the same castels to the duke without impeachment. [Sidenote: The bishop of Winchester.] The bishop of Winchester hath also giuen his faith in the hands of the archbishop of Canturburie, that if I chance to depart this life, he shall render vp vnto the duke the castels of Winchester, and the fortresse of Hampton.

And if any of them, vnto whom the custodie of these fortresses shall be committed, fortune to die, or otherwise to depart from his charge, an other shall be appointed to the keeping of the same fortresse, before he shall depart foorth thereof, by the counsell and aduice of holie church. And if any of those persons that haue any castels or fortresses belonging to me in their custodie shall be found disobedient and rebell, I and the duke shall constreine him to satisfie our will & pleasure, not leauing him in rest till he be so constreined. The archbishops and bishops of the realme of England, and the abbats also, haue by my commandement sworne fealtie vnto the duke; and the bishops and abbats that hereafter shall be made and aduanced here within the realme of England shall likewise sweare fealtie to him. The archbishops also and bishops on either part, haue vndertaken, that if either of vs shall go from the foresaid couenants, they shall so long chastise the partie offending with the ecclesiastical censures, till he reforme his fault, and returne to fulfill and obserue the said couenants. The mother also of the duke, and his wife, and his brethren, & subjects whom he may procure, shall likewise assure the premisses.

In matters belonging to the state of the realme, I shall worke by the dukes aduice. And through all the realme of England, as well in that part which belongeth to the duke, as in that which belongeth to me, I shall see that roiall iustice be executed. These beeing witnesses, Theobald archbishop of Canturburie, Hen. of Winchester, Robert of Excester, Rob. of Bath, Goceline of Salisburie, Robert of Lincolne, Hilarie of Cicester, William of Norwich, Richard of London, Migell of Elie, Gilbert of Hereford, John of Worcester, Walter of Chester, Walter of Rochester, Geffrey of S. Asaph, Bishops: Robert prior of Bermondsey, Othon knight of the temple, William earle of Cicester, Robert earle of Leicester, William earle of Glocester, Renold of Cornewall, Baldwin de Toning, Roger de Hereford, Hugh Bigot, Patrike de Salisburie, William de Albemarle, Earle Alberike, Roger Clare, Richard erle of Pembroke, Richard de Lucie, William Martell, Richard de Humer, Reginald de Warren, Mahaser Biset, John de Port, Richard de Cameuille, Henrie de Essex. Geuen at Westminster.

[Sidenote: 1154. An. Reg. 19.] [Sidenote: _Ger. Dor._] Thus far the Charter: and now to proceed with the historie. Immediatlie after Christmasse, euen in the Octaues of the Epiphanie, the king and duke Henrie met againe Oxenford, where all the earls and barons of the land being assembled, sware fealtie vnto duke Henrie, their allegiance due vnto king Stephan, as to their souereigne lord and supreme gouernour so long as he liued, alwaies reserued. The forme of the peace was now also ingrossed and registered for a perpetuall witnesse of the thing, in this yeare 1154. after their account that begin the yeare at Christmasse, as about the feast of S. Hilarie in Januarie commonlie called the twentith daie. Thus was Henrie the sonne of the empresse made the adopted sonne of king Stephan, and therevpon the said Henrie saluted him as king, and named him father. After conclusion of this peace, by the power of almightie God, all debate ceassed in such wise, that the state of the realme of England did maruelouslie for a time flourish, concord being mainteined on ech hand. [Sidenote: _Polydor._] ¶ There be which affirme, that an other cause bound king Stephan to agrée to this attonement chiefelie, namelie for that the empresse (as they saie) was rather king Stephans paramour than his enimie: [Sidenote: _Matth. Paris._ Egelaw heath.] and therefore (when she saw the matter growne to this point, that they were readie to trie battell with their armies readie ranged on a plaine in the westerne parts called Egelaw heath) she came secretlie vnto king Stephan, & spake unto him on this wise: [Sidenote: The words of the empresse to K. Stephan.] "What a mischieuous and vnnaturall thing go ye about? Is it méet that the father should destroie the sonne? Is it lawfull for the sonne to kill the father? For the loue of God (man) refraine thy displeasure, and cast thy weapons out of thy hand, sith that (as thou thy selfe knowest full well) Henrie is thine owne sonne." [Sidenote: The empresse confesseth hir selfe to be naught of hir bodie.] With these and the like words she put him in mind, and couertlie told him, that he had to doo with hir a little before she was maried vnto earle Geffrey.

The king by such tokens as the empresse gaue him, tooke hir words to be true, and therevpon all his malice was streightwaies quenched: so that calling foorth the archbishop of Canturburie, he vttered to him the whole matter, and tooke therewith such direction, in sending to his aduersaries for auoiding battell at that present, that immediatlie the armies on both sides wrapped vp their ensignes, and euery man was commanded to kéepe the peace, that a communication might be had about the conclusion of some pacification, which afterwards ensued in maner aboue mentioned.

¶ But whether this or some other cause moued the king to this peace, it is to be thought that God was the worker of it. And surelie a man may thinke it good reason, that the report of such secret companie-keeping betwixt the king and the empresse, [Sidenote: Slanders deuised by malicious heads.] was but a tale made among the common people vpon no ground of truth, but vpon some slanderous deuice of a malicious head. And admit that king Stephan had to doo hir; yet is it like that both of them would doo for best to kéepe it secret, that no such reproch might be imputed either to Henrie, who was taken to be legitimate; or to his mother, whose honour thereby should not a little be stained.

[Sidenote: Oxenford. _Ger. Dor._ The King and duke méet at Dunstable.] But now to the purpose. Shortlie after that the king and duke Henrie had béene togither at Oxenford, where they ended all things touching the peace & concord betwixt them concluded, they met againe at Dunstable, where some cloud of displeasure seemed to darken the bright sunshine of the late begun loue and amitie betwixt those two mightie princes the king and the duke. [Sidenote: Articles not performed.] For where it was accorded (among other articles) that all the castels which had béene built since the daies of the late king Henrie for euill intents and purposes, should be razed and throwne downe: contrarie therevnto (notwithstanding manie of them were ouerthrowne and destroied to the accomplishment of that article) diuers through the kings permission were suffered to stand. And when the duke complained to the king thereof, he could not get at that time any redresse, which somewhat troubled him: but yet bicause he would not giue occasion of any new trouble, nor offend the king, to whom (as to his reputed father) he would seeme to yeeld all honour and due reuerence, he passeth it ouer.